Homeowners are saving a lot of money on their property transfers, and it all comes down to three letters: FIP

What is a FIP?

In the City of Philadelphia, in accordance with Bill #070541 amending the Realty Transfer Tax section of the Philadelphia Code, you are considered an FIP (Financially Interdependent Person) if you are “Persons who live together as a single household and who, for at least six months, have agreed to share the common necessities of life and to be responsible for each other’s common welfare.”

FIP status is blind to sexual orientation and familial relationships also may qualify such as aunt, uncle, and nephew. The Amendment refers to “the relationship between or among individuals responsible to one another for the common necessities of life (i.e., food, clothing, shelter, etc).”

The Benefits of FIP Status

How might you benefit? If you and your co-FIP own real estate together and one of you no longer wishes to own the property, the Deed conveying his/her interest to you will not be subject to the City’s portion of the realty transfer tax as it would have been prior to the Amendment. The transfer tax in Philadelphia is 3% and on transfers for nominal consideration, the tax is based upon the Fair Market Value of the property. The tax is prorated in accordance with the percentage of interest being transferred.

This exemption also applies to adding a Financially Interdependent Person to your Deed.

Registered Life Partners are not required to prove their financial interdependence.

What to Expect

Your Deed transfer could be subject to audit by the Department of Revenue. Your status will be verified by your submitting documentation including, but not limited to, copies of statements of joint bank accounts, joint utility bills, and proof that you have equally shared in housing expenses.

To protect against the misuse of this benefit, the immediate subsequent transfer of the property within a certain time frame may cause the Department of Revenue to “look back” and tax the previous exempt transaction.

Important to Note

The Commonwealth of Pennsylvania does not recognize an exemption for property transfers between Financially Interdependent Persons; therefore, the transfer will be subject to the 1% Realty Transfer Tax imposed by the Commonwealth of Pennsylvania. The tax is prorated in accordance with the percentage of interest being conveyed.

As in the past, there is no City or State transfer tax assessed on transactions between husband and wife and parent and child.

Where to Turn

There is no doubt that the FIP exemption will benefit many residents and while the transfer is not complex, certain procedures must be followed including the signing and filing of multiple Affidavits. When your real estate transaction requires title insurance and you believe you might be eligible for the FIP exemption, be sure to select a title insurance professional experienced in these transfers. For Deed transfers not requiring title insurance, contact a real estate attorney.

Visit Phila.gov for Bill No. 070541 for details.

Major snow events equate to major expenses for homeowners living in a community development; and unfortunately, there may not be enough money in the coffer to pay for the salting, de-icing, and snow removal.Special Assessments are not uncommon when major storms hit; therefore, make sure when you are purchasing a property that is a CONDO or a PUD (Homeowners’ Association) that you speak directly with the association manager the day of closing if not at the time of closing (start calling the day before) and get in writing any outstanding dues and in particular, ask when the next meeting is to occurr and if any special assessments have already been voted upon.

Your title insurance professional may be doing this service for you but don’t leave this important task to chance.  Start the dialogue with your real estate agent and the seller if your settlement is pending.

If you have yet to sign the Agreement of Sale, pay particular attention to the clause relating to special assessments.   Discuss with your real estate agent or attorney how to best protect yourself against special assessments not yet voted upon but which are anticipated to cover expenses incurred prior to your ownership.

You may find it convenient to have someone come to your home with notary stamp in hand and a pile of papers for you to sign.  What you might not realize is:

1. You may be charged a significant settlement fee – sometimes costing you several hundred dollars.  While the fee is allowable in Pennsylvania under certain circumstances, the borrower must be informed of the cost in advance.
2. The “closer” may only be authorized to witness your signatures and not be able to describe or explain any of the documents.
3. The notary might not have sufficient liability insurance coverage – leaving you out in the cold if they make a mistake.
4. This person might not have any knowledge or experience in real estate closings – possibly causing errors or not noticing errors that may cause your appointment to be rescheduled.

While a number of individuals may identify themselves as “notary signing agents” or “certified signing agents” don’t be fooled – these are self-awarded titles and are not certified or recognized by any regulatory body.

Avoid the additional cost and increased risks of an at home closing by choosing a settlement service provider with local offices who offers closings using licensed title insurance agents.

In Why Shop for Title Insurance, we explained how consumers can protect themselves from inappropriate charges simply by comparing charges from various providers.  Now we’d like to provide you information on how to shop for title insurance.

First, check the rates and fees

We’ve developed a Title Insurance Shopping Guide for use in Pennsylvania. This will allow you to compare quotes side-by-side. A detailed comparison will quickly highlight any glaring discrepancies such as incorrect application of the rates or inappropriate or “junk” fees.

Once you have compared the quotes from several title insurance providers, your next step is to identify the best title insurance agent for your transaction.

Interviewing a Title Agent

What’s important when selecting a title insurance provider? After performing literally thousands of settlements, we think we know what works. Here’s a quick list of important areas to consider to ensure a smooth settlement without surprises or post-closing issues.

Independence - An independent agent doesn’t risk being mired in conflicts of interest. We agree with The Office of the Attorney General of the Commonwealth of Pennsylvania on Affiliated Business Arrangements (where a lender, real estate agent or builder owns part of a title agency):

“ABAs…also create an inherent conflict of interest…”

Experience – Real estate transactions, even “simple” refinances, require the attention of an experienced title agent. Experience can make the difference between a smooth transaction or one mired in problems and omissions.

Local Knowledge – “All real estate is local” is a tried and true maxim. Real estate laws, rules, regulations and customs, are exceptionally local. Just because someone can pass a test sponsored by the state, doesn’t mean they have the knowledge of your local area. Many post-settlement headaches and mischarged fees are caused by out of area settlement agents trying to work outside their “boundaries” Make sure your title insurance provider has a local presence.

Focus on Quality – The true test of a title agent is satisfied clients. Do they have testimonials available? Do they use employees or contractors, like signing agents to conduct key parts of the transaction? If possible, try to talk to the person who will be handling your transaction. Be concerned if the title insurance provider can’t or won’t identify who’s handling your personal information.

Ask more questions – We’ve created a helpful guide Questions for Your Title Insurance Agent so that you can better equip yourself to shop for title insurance.

Need a City Real Estate Certification for Philadelphia?  No need to go to City Hall.

The Department of Licenses and Inspections Online Certification Site now provides an online application in just a few easy steps. The City charges $100 for the Certification plus an additional $3.00 service charge. Receipt of the Certification can happen in minutes. Payment is made by major credit card. Adobe Acrobat Reader is required to download the certification.